DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6055-12
29 March 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 March 2013. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
16 March 1965 at age 17. On 1 July 1965, you received
nonjudicial punishment (NJP) for insubordinate conduct toward a
noncommissioned officer. On 10 July 1965, you were arrested in
Tucumcari, New Mexico for auto theft. On 23 July 1965 you were
convicted in the District Court of Albuquerque, New Mexico of
violating the Juvenile Delinquency Act and sentenced to two
years in Federal Reformatory. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 14 January 1966, you received the OTH
discharge for misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a civil conviction. A member of the armed services
who is convicted by civil authorities may be discharged for
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to ali @fFEi¢ial records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ee. Lo Cg ers
ROBERT D. Z4SALMAN
Acting Executive Director
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